Electronically Filed by Superior Court of California, County of Orange, 03/22/2024 10:08:00 AM.

30-2024-01383580-CL-UD-CJC - ROA # 10 - DAVID H. YAMASAKI, Clerk of the Court By A. Thau, Deputy Clerk.
UD-105
ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER: FOR COURT USE ONLY
NAME: AYP NANO SOLUTIONS, INC
FIRM NAME: (SELF REPRESENTED)
STREET ADDRESS: 7251 GARDEN GROVE BLVD STE K
CITY: GARDEN GROVE STATE: CA ZIP CODE: 92841
TELEPHONE NO.: (657) 334-7155 FAX NO.:
EMAIL ADDRESS: [email protected]
ATTORNEY FOR (name):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORNAGE

STREET ADDRESS: 700 CIVIC CENTER DRIVE WEST
MAILING ADDRESS: 700 CIVIC CENTER DRIVE WEST
CITY AND ZIP CODE: SANTA ANA, CA 92701
BRANCH NAME: CENTRAL JUSTICE CENTER

PLAINTIFF: ICON OWNER POOL 1 LA BUSINESS PARKS, LLC

DEFENDANT: AYP NANO SOLUTIONS, INC
CASE NUMBER:
ANSWER—UNLAWFUL DETAINER
30-2024-01383580-CL-UD-CJC

1. Defendant (all defendants for whom this answer is filed must be named and must sign this answer unless their attorney signs):
AYP NANO SOLUTIONS, INC,

answers the complaint as follows:

2. DENIALS (Check ONLY ONE of the next two boxes.)
a. General Denial (Do not check this box if the complaint demands more than $1,000.)
Defendant generally denies each statement of the complaint and of the Mandatory Cover Sheet and Supplemental
Allegations—Unlawful Detainer (form UD-101).

b. Specific Denials (Check this box and complete (1) and (2) below if complaint demands more than $1,000.)
Defendant admits that all of the statements of the complaint and of the Mandatory Cover Sheet and Supplemental
Allegations—Unlawful Detainer (form UD-101) are true EXCEPT:
(1) Denial of Allegations in Complaint (Form UD-100 or Other Complaint for Unlawful Detainer)
(a) Defendant claims the following statements of the complaint are false (state paragraph numbers from the complaint or
explain below or, if more room needed, on form MC-025):
Explanation is on form MC-025, titled as Attachment 2b(1)(a).
General Allegations 8.

(b) Defendant has no information or belief that the following statements of the complaint are true, so defendant denies
them (state paragraph numbers from the complaint or explain below or, if more room needed, on form MC-025):
Explanation is on form MC-025, titled as Attachment 2b(1)(b).

(2) Denial of Allegations in Mandatory Cover Sheet and Supplemental Allegations—Unlawful Detainer (form UD-101)
(a) Defendant did not receive plaintiff's Mandatory Cover Sheet and Supplemental Allegations (form UD-101). (If
not checked, complete (b), (c), and (d), as appropriate.)
(b) Defendant claims the statements in the Verification required for issuance of summons—residential, item 3
of plaintiff's Mandatory Cover Sheet and Supplemental Allegations (form UD-101), are false.
(c) Defendant claims the following statements on the Mandatory Cover Sheet and Supplemental Allegations—Unlawful
Detainer (form UD-101) are false (state paragraph numbers from form UD-101 or explain below or, if more room
needed, on form MC-025): Explanation is on form MC-025, titled as Attachment 2b(2)(c).

Page 1 of 5
Civil Code, § 1940 et seq.;
Form Approved for Optional Use
Code of Civil Procedure, §§ 425.12,
Judicial Council of California ANSWER—UNLAWFUL DETAINER 1161 et seq., 1179.01 et seq.
UD-105 [Rev. October 1, 2021]
www.courts.ca.gov
 UD-105
PLAINTIFF: ICON OWNER POOL 1 LA BUSINESS PARKS, LLC CASE NUMBER: 30-2024-01383580-CL-UD-CJC
DEFENDANT: AYP NANO SOLUTIONS, INC,

2. b. (2) (d) Defendant has no information or belief that the following statements on the Mandatory Cover Sheet and Supplemental
Allegations—Unlawful Detainer (form UD-101) are true, so defendant denies them (state paragraph numbers from
form UD-101 or explain below or, if more room needed, on form MC-025):
Explanation is on form MC-025, titled as Attachment 2b(2)(d).

3. DEFENSES AND OBJECTIONS (NOTE: For each box checked, you must state brief facts to support it in item 3w (on page 4) or, if
more room is needed, on form MC-025. You can learn more about defenses and objections at
www.courts.ca.gov/selfhelp-eviction.htm.)
a. (Nonpayment of rent only) Plaintiff has breached the warranty to provide habitable premises.
b. (Nonpayment of rent only) Defendant made needed repairs and properly deducted the cost from the rent, and plaintiff did
not give proper credit.
c. (Nonpayment of rent only) On (date): before the notice to pay or quit expired, defendant offered
the rent due but plaintiff would not accept it.
d. Plaintiff waived, changed, or canceled the notice to quit.
e. Plaintiff served defendant with the notice to quit or filed the complaint to retaliate against defendant.
f. By serving defendant with the notice to quit or filing the complaint, plaintiff is arbitrarily discriminating against the
defendant in violation of the Constitution or the laws of the United States or California.
g. Plaintiff's demand for possession violates the local rent control or eviction control ordinance of (city or county, title of
ordinance, and date of passage):
(Also, briefly state in item 3w the facts showing violation of the ordinance.)
h. Plaintiff's demand for possession is subject to the Tenant Protection Act of 2019, Civil Code section 1946.2 or 1947.12,
and is not in compliance with the act. (Check all that apply and briefly state in item 3w the facts that support each.)

(1) Plaintiff failed to state a just cause for termination of tenancy in the written notice to terminate.
(2) Plaintiff failed to provide an opportunity to cure any alleged violations of terms and conditions of the lease (other than
payment of rent) as required under Civil Code section 1946.2(c).
(3) Plaintiff failed to comply with the relocation assistance requirements of Civil Code section 1946.2(d).
(4) Plaintiff has raised the rent more than the amount allowed under Civil Code section 1947.12, and the only unpaid rent
is the unauthorized amount.
(5) Plaintiff violated the Tenant Protection Act in another manner that defeats the complaint.
i. Plaintiff accepted rent from defendant to cover a period of time after the date the notice to quit expired.
j. Plaintiff seeks to evict defendant based on an act against defendant or a member of defendant's household that
constitutes domestic violence, sexual assault, stalking, human trafficking, or abuse of an elder or a dependent adult. (This
defense requires one of the following: (1) a temporary restraining order, protective order, or police report that is not
more than 180 days old; OR (2) a signed statement from a qualified third party (e.g., a doctor, domestic violence or
sexual assault counselor, human trafficking caseworker, or psychologist) concerning the injuries or abuse resulting from
these acts).)
k. Plaintiff seeks to evict defendant based on defendant or another person calling the police or emergency assistance (e.g.,
ambulance) by or on behalf of a victim of abuse, a victim of crime, or an individual in an emergency when defendant or
the other person believed that assistance was necessary.
l. Plaintiff's demand for possession of a residential property is in retaliation for nonpayment of rent or other financial
obligations due between March 1, 2020, and September 30, 2021, even though alleged to be based on other reasons.
(Civ. Code, § 1942.5(d); Gov. Code, § 12955.)
m. Plaintiff's demand for possession of a residential property is based on nonpayment of rent or other financial obligations
due between March 1, 2020, and September 30, 2021, and (check all that apply):
(1) Plaintiff did not serve the general notice or notices of rights under the COVID-19 Tenant Relief Act as required by
Code of Civil Procedure section 1179.04.
(2) Plaintiff did not serve the required 15-day notice. (Code Civ. Proc., § 1179.03(b) or (c).)

UD-105 [Rev. October 1, 2021] Page 2 of 5

ANSWER—UNLAWFUL DETAINER
 UD-105
PLAINTIFF: ICON OWNER POOL 1 LA BUSINESS PARKS, LLC CASE NUMBER: 30-2024-01383580-CL-UD-CJC
DEFENDANT: AYP NANO SOLUTIONS, INC

3. m. (3) Plaintiff did not provide an unsigned declaration of COVID-19–related financial distress with the 15-day notice. (Code
Civ. Proc., § 1179.03(d).)
(4) Plaintiff did not provide an unsigned declaration of COVID-19–related financial distress in the language in which the
landlord was required to provide a translation of the rental agreement. (Code Civ. Proc., § 1179.03(d).)
(5) Plaintiff identified defendant as a “high-income tenant” in the 15-day notice, but plaintiff did not possess proof at the
time the notice was served establishing that defendant met the definition of high-income tenant. (Code Civ. Proc.,
§ 1179.02.5(b).)
(6) Defendant delivered to plaintiff one or more declarations of COVID-19–related financial distress and, if required as a
"high-income tenant," documentation in support. (Code Civ. Proc., §§ 1179.03(f) and 1179.02.5.)
(Describe when and how delivered and check all other items below that apply):

(a) Plaintiff's demand for payment includes late fees on rent or other financial obligations due between March 1,
2020, and September 30, 2021.
(b) Plaintiff's demand for payment includes fees for services that were increased or not previously charged.
(c) Defendant, on or before September 30, 2021, paid or offered plaintiff payment of at least 25% of the total rental
payments that were due between September 1, 2020, and September 30, 2021, and that were demanded in the
termination notices for which defendant delivered the declarations described in (a). (Code Civ. Proc.,
§ 1179.03(g)(2).)
(7) Defendant is currently filing or has already filed a declaration of COVID-19–related financial distress with the court.
(Code Civ. Proc., § 1179.03(h).)
n. Plaintiff's demand for possession of a residential property is based on nonpayment of rent or other financial obligations
due between October 1, 2021, and March 31, 2022, and (check all that apply):
(1) Plaintiff's notice to quit did not contain the required contact information for the pertinent governmental rental
assistance program, or the other content required by Code of Civil Procedure section 1179.10(a).
(2) Plaintiff's notice to quit did not include a translation of the statutorily required notice. (Code Civ. Proc.,
§ 1179.10(a)(2) and Civ. Code, § 1632.)
o. For a tenancy initially established before October 1, 2021, plaintiff's demand for possession of a residential property is
based on nonpayment of rent or other financial obligations due between March 1, 2020, and March 31, 2022, and (check
all that apply):
(1) Plaintiff did not complete an application for rental assistance to cover the rental debt demanded in the complaint
before filing the complaint in this action.
(2) Plaintiff's application for rental assistance was not denied.
(3) Plaintiff's application for rental assistance was denied for a reason that does not support issuance of a summons or
judgment in an unlawful detainer action (check all that apply):
(a) Plaintiff did not fully or properly complete plaintiff's portion of the application. (Code Civ. Proc.,
§ 1179.09(d)(2)(A).)
(b) Plaintiff did not apply to the correct rental assistance program. (Code Civ. Proc., § 1179.09(d)(2)(C).)
(4) Rental assistance has been approved and tenant is separately filing an application to prevent forfeiture (form UD-125).
p. Plaintiff's demand for possession of a residential property is based on nonpayment of rent or other financial obligations
and (check all that apply):
(1) Plaintiff received or has a pending application for rental assistance from a governmental rental assistance program or
some other source relating to the amount claimed in the notice to pay rent or quit. (Health & Saf. Code,
§§ 50897.1(d)(2)(B) and 50897.3(e)(2).)
(2) Plaintiff received or has a pending application for rental assistance from a governmental rental assistance program or
some other source for rent accruing since the notice to pay rent or quit. (Health & Saf. Code, §§ 50897.1(d)(2)(B) and
50897.3(e)(2).)
(3) Plaintiff's demand for possession is based only on late fees for defendant's failure to provide landlord payment within
15 days of receiving governmental rental assistance. (Health & Saf. Code, § 50897.1(e)(2)(B).)

UD-105 [Rev. October 1, 2021] Page 3 of 5

ANSWER—UNLAWFUL DETAINER
 UD-105
PLAINTIFF: ICON OWNER POOL 1 LA BUSINESS PARKS, LLC CASE NUMBER: 30-2024-01383580-CL-UD-CJC
DEFENDANT: AYP NANO SOLUTIONS, INC

3. q. Plaintiff violated the COVID-19 Tenant Relief Act (Code Civ. Proc., § 1179.01 et seq.) or a local COVID-19 –related
ordinance regarding evictions in some other way (briefly state facts describing this in item 3w).
r. The property is covered by the federal CARES Act and the plaintiff did not provide 30 days' notice to vacate.
(Property covered by the CARES Act means property where the landlord:
• is participating in a covered housing program as defined by the Violence Against Women Act;
• is participating in the rural housing voucher program under section 542 of the Housing Act of 1949; or
• has a federally backed mortgage loan or a federally backed multifamily mortgage loan.)
s. Plaintiff improperly applied payments made by defendant in a tenancy that was in existence between March 1, 2020, and
September 30, 2021 (Code Civ. Proc., § 1179.04.5), as follows (check all that apply):
(1) Plaintiff applied a security deposit to rent, or other financial obligations due, without tenant’s written agreement.
(2) Plaintiff applied a monthly rental payment to rent or other financial obligations that were due between March 1, 2020,
and September 30, 2021, other than to the prospective month’s rent, without tenant’s written agreement.
t. Plaintiff refused to accept payment from a third party for rent due. (Civ. Code, § 1947.3; Gov. Code, § 12955.)
u. Defendant has a disability and plaintiff refused to provide a reasonable accommodation that was requested.
(Cal. Code Regs,. tit. 2, § 12176(c).)
v. Other defenses and objections are stated in item 3w.
w. (Provide facts for each item checked above, either below or, if more room needed, on form MC-025):
Description of facts or defenses are on form MC-025, titled as Attachment 3w.

a. Plaintiff has breached the warranty to provide habitable premises. Pursuant to the original lease executed on May 5, 2022,
AYP Nano Solutions Inc., herein referred to as the "Tenant," identified, during the initial phase of occupancy commencing May
10, 2022, multiple conditions at the aforementioned premises that were noncompliant with federal, state, and local health and
safety regulations. These noncompliant conditions breached the stipulations…(Continued on Attachment 3W, OTHER
DEFENSES AND OBJECTIONS)

e. The Plaintiff issued a notice to vacate and proceeded to file the current complaint in an apparent act of retaliation against the
Tenant for reporting severe infractions and consistent noncompliance with health and safety regulations concerning the leased
premises. (Continued on Attachment 3W, OTHER DEFENSES AND OBJECTIONS)

4. OTHER STATEMENTS
a. Defendant vacated the premises on (date):
b. The fair rental value of the premises alleged in the complaint is excessive (explain below or, if more room needed, on
form MC-025):
Explanation is on form MC-025, titled as Attachment 4b.

c. Other (specify below or, if more room needed, on form MC-025):

Other statements are on form MC-025, titled as Attachment 4c.
The Tenant, having partially vacated the premises as of March 28th, 2023, has retained therein certain equipment and
furnishings pending the Landlord’s completion of the agreed-upon remediation that would facilitate full occupancy. Alternatively,
the Tenant reserved the right to seek new accommodations should the Landlord fail to meet the remedial obligations within a
reasonable timeframe. (Continued on Attachment 4C, OTHER STATMENTS)

5. DEFENDANT REQUESTS
a. that plaintiff take nothing requested in the complaint.
b. costs incurred in this proceeding.
c. reasonable attorney fees.
d. that plaintiff be ordered to (1) make repairs and correct the conditions that constitute a breach of the warranty to provide
habitable premises and (2) reduce the monthly rent to a reasonable rental value until the conditions are corrected.

UD-105 [Rev. October 1, 2021] Page 4 of 5

ANSWER—UNLAWFUL DETAINER
 UD-105
PLAINTIFF: ICON OWNER POOL 1 LA BUSINESS PARKS, LLC CASE NUMBER: 30-2024-01383580-CL-UD-CJC
DEFENDANT: AYP NANO SOLUTIONS, INC

5. e. Other (specify below or on form MC-025):

All other requests are stated on form MC-025, titled as Attachment 5e.
1. Plaintiff, Landlord, accept full possession of the property on or before March 29th, 2024
2. For Forfeiture of the Lease and Addendum, Landlord having never Complied to the Lease terms or Addendum term.
3. Defendant , Tenant, not to be liable for claimed past rent damages in amount of $28,155.25 for an inhabitable space not safe
to occupy.
4. Defendant , Tenant, not to be liable for claimed $119.00 per day up until March 29th, 2024, date of expected full vacancy.
5. Defendant , Tenant, not to be liable for costs of suite herein incurred
(Continued on Attachment 5e, DEFENDANT REQUESTS)

6. Number of pages attached: 50

UNLAWFUL DETAINER ASSISTANT (Bus. & Prof. Code, §§ 6400–6415)

7. (Must be completed in all cases.) An unlawful detainer assistant did not did for compensation give advice or
assistance with this form. (If defendant has received any help or advice for pay from an unlawful detainer assistant, state):
a. Assistant's name: b. Telephone number:
c. Street address, city, and zip code:

d. County of registration: e. Registration number: f. Expiration date:

(Each defendant for whom this answer is filed must be named in item 1 and must sign this answer unless defendant's attorney signs.)

(TYPE OR PRINT NAME) (SIGNATURE OF DEFENDANT OR ATTORNEY)

(TYPE OR PRINT NAME) (SIGNATURE OF DEFENDANT OR ATTORNEY)

(TYPE OR PRINT NAME) (SIGNATURE OF DEFENDANT OR ATTORNEY)

VERIFICATION
(Use a different verification form if the verification is by an attorney or for a corporation or partnership.)
I am the defendant in this proceeding and have read this answer. I declare under penalty of perjury under the laws of the State of
California that the foregoing is true and correct.

Date: 03/21/2024

AYP Nano Solutions Inc, CEO, Chief Executive Officer

(TYPE OR PRINT NAME) (SIGNATURE OF DEFENDANT)

Date: 03/21/2024

AYP Nano Solutions Inc, CFO, Chief Financial Officer

(TYPE OR PRINT NAME) (SIGNATURE OF DEFENDANT)

Date:

(TYPE OR PRINT NAME) (SIGNATURE OF DEFENDANT)

UD-105 [Rev. October 1, 2021] Page 5 of 5

ANSWER—UNLAWFUL DETAINER

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